tdiu Smc "s" Question / Angle

[john999]

I hate to see a vet get screwed by the VA because they feel it is their duty to keep greedy vets away from justified compensation. The money we get only partially compensates us for income loss. We get nothing for loss of quality of life. Who wants to be housebound? Who wants to be so sick or disabled they get R1 or any type of A&A? I would like to be working on Wall Street with Masters of the Universe making 20 million a year.

[NavyWife]

". So here is the deal. The verbiage used in awarding my TDIU was as follows:

It is as least as likely as not that the Veteran is unable to sustain gainful employment solely based on his mental condition. "

As long as your tdiu is based on only one condition, and your other separate conditions total 60, then you should get smc S.

[john999]

You got it Navywife. That is pretty much the exact language you need for TDIU. If you get 60% for non TDIU conditions you should get "S" as statutory rating. You should not even have to ask for it. However, I had to claim it and get it via a CUE.

John

[Berta]

Right John.

SMC is a Statutory Mandate.

I had to whip out and attach the actual SMC mandate to prove they erred on that. It was the first CUE of my 3 part SMC CUE claim.

The rating sheet and copy of their one page 1998 decision ( an 1151 award letter) was the only additional pieces of evidence I believe I had sent. It revealed the 3 CUEs they made.